Kee v. Hill’s Empirical Analysis

Citation profile

5 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The Court erred in not charging the jury the defendent’s special request No. 1 which is as follows: ‘Ladies and gentlemen of the Jury, I charge you that you cannot speculate as to the cause of the damage to the residence of the plaintiff, if the evidence shows that this damage could have been caused by a defective foundation and construction as well as by the blasting by the defendant in its rock quarry, then it would be your duty to find for the defendant and your verdict should be not guilty.’ This is error because the Court in the original was not clear enough and so brief that the jury did not catch it. The Court’s original charge was: ‘While absolute certainty cannot be expected and is not required you cannot guess or speculate in reaching your verdict on the various issues involved in any case.’ This part of the original charge was not full enough. It should have been plainer to the jury based upon the evidence in the case before the jury.””

   1 later decision quote this exact passage
   e.g. Silcox v. Smith County

2. ““The learned Trial Court erred in charging the jury as follows: 'Where a witness is equally available to both parties to a lawsuit and both are manifestly interested in such witness’ testimony to" support their conflicting theories of the case, no inference for or against either party can be drawn from the failure to call such a witness.’ ””

   1 later decision quote this exact passage
   e.g. Brown v. University Nursing Home, Inc.